When a crime occurs in North Carolina and other areas of the country, there is an understandable desire for answers. Specifically, people often want someone to blame. But once a name is provided, unfortunately, some may not question the incident any further, assuming guilt rather than relying on a presumption of innocence that is guaranteed in criminal court proceedings. For example, a man is now in a precarious situation after he was accused of being involved in a domestic violence situation that led to a woman's death.
When someone is seeking to protect themselves from an abusive partner, they typically seek to fill out a government form for an order of protection. However, in North Carolina, same-sex couples dealing with domestic violence issues may have difficulty completing this paperwork. This is because in the state, the paperwork required for an order of protection in a domestic case only has categories for opposite-sex couples, unmarried individuals with a child and household members.
Although state law offers guidelines, the treatment of domestic violence cases by local law enforcement can vary from county to county. Although North Carolina law permits district courts the ability to issue civil protection orders when court is not in session, few counties offer "overnight" restraining orders. Durham County was one of the areas that used to offer civil domestic violence protection orders, but it recently chose to stop this practice.
While many domestic disputes begin with a heated war of words, similar incidents may rarely escalate into physical altercations. However, should a dispute turn violent, the consequences can be severe, especially if children are involved. A 29-year-old man has been taken into custody and is facing multiple charges following an alleged domestic violence incident that is said to have taken place in North Carolina.
Attorney Connelly obtained the dismissal of a 50B Domestic violence restraining order when the "victim" failed to prove that his client had harassed her. It was the SECOND TIME in less than one year that the same "victim" had sought a 50B Domestic violence restraining order against the same client and we have fought back both petitions, obtaining dismissals in both cases.
This time however, the "victim" upped the ante and also sought criminal charges (Stalking, etc) during this second go around, but Attorney Connelly obtained a NOT GUILTY verdict after trial.
While many couples experience disagreements on occasion, in most cases, the resulting argument may be short-lived and uneventful. However, sometimes a simple verbal spat can become volatile and lead to criminal charges for those involved. Two individuals have been arrested following a domestic violence incident where shots were fired outside of a residence in North Carolina.
A man who was convicted of a misdemeanor domestic violence offense in 1997 has sued the United States Attorney General to get his right to carry a firearm restored. At issue is a federal law, 18 U.S.C. § 922(g)(9), which permanently bans the ownership of firearms or ammunition by anyone "who has been convicted in any court of a misdemeanor crime of domestic violence."
A point that is often quickly and correctly made regarding domestic violence matters in North Carolina and nationally is that domestic abuse -- where it is proven -- is an unmitigated and pernicious evil. Victims -- spouses, unmarried partners, relatives, children and others -- who suffer in myriad ways from physical, emotional and other forms of violence are often extremely vulnerable and immediately in harm's way. Where acts of abuse are being committed, they must be stopped.
Every reasonable person in North Carolina is disheartened by the sad reality of domestic violence and the trauma it inflicts on children and families. Where family violence exists, it is a legitimate social and legal concern that must be responded to.
Acronyms and numerical designations applicable to some areas can sometimes seem innocuous, rendering their subject matter distant and without immediate implications.